(Download) "City Of El Paso V. Hernandez" by Texas Court of Appeals (Civil) " eBook PDF Kindle ePub Free
eBook details
- Title: City Of El Paso V. Hernandez
- Author : Texas Court of Appeals (Civil)
- Release Date : January 16, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Pedro Hernandez, Individually and on behalf of all statutory beneficiaries of the Estate of Andrea Hernandez, Deceased (Appellees), brought this negligence case under the Texas Tort Claims Act based on an allegation that the delay in dispatching an ambulance from one El Paso hospital to another resulted in the death of Andrea Hernandez. Raising five issues for review, the City of El Paso brings an interlocutory appeal from the denial of its motion for summary judgment and plea to the jurisdiction based on sovereign immunity. See Tex.Civ.Prac.&Rem.Code Ann. § 51.014(a) (5) & (a)(8)(Vernon Supp. 2000). The facts of this case present not only a frightening but egregious example of the harm which results from the failure of an emergency ambulance service to properly implement a patient transport policy when a patient's life hangs in the balance. *fn1 Despite the heroic efforts of several physicians and other personnel to expedite the transfer and then to ultimately save the patient's life, the unnecessary delay in dispatching an ambulance resulted in the death of Andrea Hernandez. The issue before us, however, is not whether the City of El Paso was negligent, but rather whether this claim falls within the Texas Tort Claims Act so that the City of El Paso's sovereign immunity is waived. Finding error, we reverse and remand for trial against the remaining defendant.
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